Matter of AutoOne Ins. Co. v Fernandez

Matter of AutoOne Ins. Co. v Fernandez 2013 NY Slip Op 05567 Decided on August 7, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 7, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
2012-10819
(Index No. 15932/11)

[*1]In the Matter of AutoOne Insurance Company, appellant,

v

Rosa Fernandez, respondent.




Picciano & Scahill, P.C., Westbury, N.Y. (Albert Galatan of
counsel), for appellant.
Costella & Gordon, LLP, Garden City, N.Y. (Roy C. Gordon
of counsel), for respondent.


DECISION & ORDER

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct. Atty. Ref.), dated September 7, 2012, made after a framed-issue hearing.

ORDERED that the appeal is dismissed, with costs.

The paper from which the petitioner appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision (see Benabu v Rienzo, 104 AD3d 714, 714; Wall St. Mtge. Bankers, Ltd. v Hinds, 81 AD3d 818, 818; Hamilton v Khalife, 2 AD3d 682, 682; Matter of Diamond v Gallagher, 291 AD2d 404, 404; Schicchi v J.A. Green Constr. Corp., 100 AD2d 509, 509-510) and, thus, the appeal must be dismissed.
BALKIN, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court